payday loan CCJ

[loulouxx]

Good Morning,

Really need some advice on a payday loan CCJ. I took out a payday loan with payday overdraft for £200. I become unable to pay as I became ill in Jan 2012 from work. I received a county court claim during that time and stupid me didn't realise the seriousness of it. They got a default judgement against me for £1600 and I was ask to pay £50 a month. I went back to work in Aug 2012 but left again in Feb 2013 as I become increasing unwell again. I am now unable to work and am now claim ESA support group. The company did go for an attachment of earnings but this was luckily set aside. I haven't made any payments from Feb 2013 as I haven't been able to. I will start to make £10 a month which was agreed by the company but looking at the amount of charges its shocking. Back when this was going on I was going through severe depression and was in and out of hospital with operations. I buried my head in the sand as I couldn't deal with it. Now I am stronger and able to deal with all my paperwork. I am claiming back my PPIs which is helping me and now I feel ready to take on this. Can anyone help as to how I should approach this. I have a number of payday loans that are outstanding and I know 100% that one of the them have ceased trading. 2 of them have been passed to MMF who are hounding me and I have sent them emails which they ignore telling them to stop calling and they continue telling me that they will be calling at my home. I told them I would call the police they have in turn revoked their licence I don't know what that means?

I realise I have been totally stupid in not dealing with any of this sooner.

Thanks for any help in advance and all comments are welcome even if they tell me how irresponsible and stupid I am.

Louise

[CleverClogs]

Re: payday loan CCJ

they continue telling me that they will be calling at my home.

They probably won't but, if they did, they'd have no more right to be there than the fleas on next-door's cat.

I told them I would call the police they have in turn revoked their licence I don't know what that means?

I'm also buggered if I know.

What licence do the jerks suppose they've granted?

[loulouxx]

Re: payday loan CCJ

No Idea! I have since found that 2 of the PDL companies I used have ceased trading which I would think is due to OFT finally doing something. Its a horrible cycle and one that is so easy to fall into. I could kick myself for letting it get this far, especially in regards to the CCJ. What was a £250 repayment is now over £1600. So angry at myself right now :mad2: and ashamed seeing it in black and white.

[CleverClogs]

Re: payday loan CCJ

I personally believe that payday usurers should be nailed by the ears to a public pillory and then have their noses slit open with red-hot pincers.

[loulouxx]

Re: payday loan CCJ

Loan Sharks for sure! It makes you wonder that our Mr Cameron is old friends with a major shareholder in Wonga who also have a profit of over 400% hmmm? These companies are the lowest of the low almost at the level of Sub crime lenders.

[QueenAnne]

Re: payday loan CCJ

(message removed cos i replied on the wrong thread sorry!)

[labman]

Re: payday loan CCJ

Now you are better, are you not able to attempt to get the CCJ set aside:

http://hmctsformfinder.justice.gov.u...s/n244-eng.pdf

[loulouxx]

Re: payday loan CCJ

Hi Labman that's what I am not sure about. I did pay what the court ordered when I went back to work but since I haven't been able to work I haven't been able to pay anything. I am waiting for an operation (My 12th) which can be anytime now. Can I write to the courts with this information as I have proof from the DWP of when I stopped working and that I am claiming ESA Support Group contribution based benefit. I don't know if they will accept that.

[labman]

Re: payday loan CCJ

I'm afraid I don't know enough about court proceedings to answer your query. Hopefully someone will be along soon who can. The court should be able to advise I think.

[jon1965]

Re: payday loan CCJ

If you are on benefits the other option is to get the order varied (yopu should get the cost waived by the court) and reduce it to £1 PCM. I am not sure which form it is

[Amethyst]

Re: payday loan CCJ

We need to look at some basics before we start on set asides and variations of orders.

The charges you are worried about were they applied before the judgment or after ?

Which company have you spoken to that you will be making payments of £10 a month to ? and which company is the claimant on the original judgment ?


What companies are the other payday loans with ? and how much are they for ?


Revoked their licence sounds like the police have told them not to visit you (doorstep collection)

It may assist if you type a list of each company, how much you borrowed, when, and how much you currently owe on each.

Then we can deal with each one.

[QueenAnne]

Re: payday loan CCJ

can I ask how much the judgement was for, when and how much you paid altogether since the judgement?
also just to confirm, you made no payments while the court proceedings were happening correct?
thirdly, have you tried notifying and negotiating with them? They are obliged to be reasonable, whatever that means to these $%£$%.

I base the first question on me being almost certain that they cannot increase the amount of the CCJ after it's issued... not without paperwork and judge. They can't claim more under the same CCJ without a judge, when the CCJ is issued the judge asks for any additional charges (court proceedings, interest -defined at a rate about £.49 or something) and comes up with the final amount and that's the amount unless an N245 adjusts it.
They can enforce in theory... which was the attachment of earnings attempt.

And you can vary the CCJ, the form is the N245 (same as the one used to set aside or strike out) but as someone said above first you need to review thoroughly all options and most of all if everything was done correctly in the first case, and throughout that case and judgement proceedings.

(I just respond to this because I went to Small claims and won a case last yr tho I was the creditor not the debtor... had to submit these forms from the other side but I was looking into how it can be defended to ensure it couldn't. Especially cos it went into enforcing stage. Still please consider someone who is a regular.)

[loulouxx]

Re: payday loan CCJ

Thanks for everyone's reponses. I will try to answer all the questions put to me above.
The charges were put on before the CCJ and the company I have been dealing with is the same company who put in for the CCJ Payday Overdraft. From what I can make out from my research this company have a habit of trying their luck in court hoping for a default I am so angry that I played into their hands. I made no payments until after the CCJ I did send the court asking for the payments to be dropped to £10 as I was only getting SSP but this was rejected. I started making £50 payments in June until Jan/Feb when I left my work because of illness. I have not made any payments since. Payday Overdraft are willing to accept £10 a month until I am back into work.

My other payday loans are horrendous from my last count I have 15 but they aren't contacting me. Except for 2 Peachy Loans @ £395 and Cash Genie @ £410. I also have the following PDUK @ £225, Capital Finance One @ £581.90, Quick Quid @ £529.50, Wonga @ £706.91, Moneybox247 @ £313.88, Pounds til payday @ £571.91, Txt Loan @ £351.00. Pounds to Pocket @ 730.91.Monkeydosh @ £520, conversmoney @ £400, Uk Loan Store @ £520 and Tower Credit @ £300 and Pounds2day @£375. Just looking at it makes me sick. I know that converse money have stopped trading and so has pounds2day, Txt Loan and Tower Capital. The only ones that are bothering me is Peachy as this is now with MMF. Ill give you a quick background, My problem started when I was in a bad relationship and he borrowed most of the above as he was in trouble financially. We broke up and I become ill with stress and had over 5 operations during that time. I have a medical condition called Hidradenitis Suppurativa Stage 3 which caused abcess' and tissue inflammation Ive had 12 operations in total and I am waiting to go for my 13th. It also causes depression.

[jon1965]

Re: payday loan CCJ

As far as I know txt loan still exist but have just changed their name to myjar.com . I read on another site where they are using DCAs to chase people.

I havent heard from some of mine for well over a year, in some cases more like 2 years.

[loulouxx]

Re: payday loan CCJ

ah that's why I could find them. The only ones I have heard from are Peachy and that is because of MMF the others since 2012 except for the occasional letter that just gives a balance. In regards to the payday loans I am going to ask them to send me a copy of my credit agreement and a breakdown of the charges with the £1 charge as a postal order then take it from there as I'm sure they might have a loophole (worth a try) Just need to know which way to go with the CCJ.